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The London Gateway Port Harbour Empowerment Order 2008
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Tidal works not to be constructed without approval of the Secretary of StateE+W+S
16.—(1) A tidal work shall not be constructed except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
(2) If a tidal work is constructed in contravention of paragraph (1), the Secretary of State may—
(a)give notice to the Harbour Authority to remove the tidal work or any part of it and to restore the site of that tidal work to its former condition; or
(b)where necessary remove the tidal work or part of it and restore the site of that tidal work to its former condition.
(3) Notice given under paragraph (2)(a) shall be in writing and shall be served on the Harbour Authority.
(4) If, within 30 days of service of the notice, the Harbour Authority has failed to comply with the notice, the Secretary of State may—
(a)execute the works specified in the notice; or
(b)if it appears to the Secretary of State urgently necessary to do so, she may remove the tidal work or part of it and restore the site to its former condition.
(5) Any expenditure incurred by the Secretary of State pursuant to paragraphs (2) to (4) shall be recoverable from the Harbour Authority.
(6) In considering any application for the Secretary of State’s approval under paragraph (1), the Secretary of State shall consult with the PLA and the Environment Agency, both of whom shall provide their opinion on the plans and sections proposed for approval by the Secretary of State within 14 days of being requested to do so by the Secretary of State, and the Secretary of State shall take any such opinion that is received into account.
Commencement Information
I1Art. 16 in force at 16.5.2008, see art. 1
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